5 U.S. Code § 3396 - Development for and within the Senior Executive Service

(a)The Office of Personnel Management shall establish programs for the systematic development of candidates for the Senior Executive Service and for the continuing development of senior executives, or require agencies to establish such programs which meet criteria prescribed by the Office.

(b)The Office shall assist agencies in the establishment of programs required under subsection (a) of this section and shall monitor the implementation of the programs. If the Office finds that any agency’s program under subsection (a) of this section is not in compliance with the criteria prescribed under such subsection, it shall require the agency to take such corrective action as may be necessary to bring the program into compliance with the criteria.

(c)

(1)The head of an agency may grant a sabbatical to any career appointee for not to exceed 11 months in order to permit the appointee to engage in study or uncompensated work experience which will contribute to the appointee’s development and effectiveness. A sabbatical shall not result in loss of, or reduction in, pay, leave to which the career appointee is otherwise entitled, credit for time or service, or performance or efficiency rating. The head of the agency may authorize in accordance with chapter
57 of this title such travel expenses (including per diem allowances) as the head of the agency may determine to be essential for the study or experience.

(2)A sabbatical under this subsection may not be granted to any career appointee—

(A)more than once in any 10-year period;

(B)unless the appointee has completed 7 years of service—

(i)in one or more positions in the Senior Executive Service;

(ii)in one or more other positions in the civil service the level of duties and responsibilities of which are equivalent to the level of duties and responsibilities of positions in the Senior Executive Service; or

(iii)in any combination of such positions, except that not less than 2 years of such 7 years of service must be in the Senior Executive Service; and

(C)if the appointee is eligible for voluntary retirement with a right to an immediate annuity under section
8336 of this title.

Any period of assignment under section
3373 of this title, relating to assignments of employees to State and local governments, shall not be considered a period of service for the purpose of subparagraph (B) of this paragraph.

(3)

(A)Any career appointee in an agency may be granted a sabbatical under this subsection only if the appointee agrees, as a condition of accepting the sabbatical, to serve in the civil service upon the completion of the sabbatical for a period of 2 consecutive years.

(B)Each agreement required under subparagraph (A) of this paragraph shall provide that in the event the career appointee fails to carry out the agreement (except for good and sufficient reason as determined by the head of the agency who granted the sabbatical) the appointee shall be liable to the United States for payment of all expenses (including salary) of the sabbatical. The amount shall be treated as a debt due the United States.

(d)

(1)The Office shall encourage and assist individuals to improve their skills and increase their contribution by service in a variety of agencies as well as by accepting temporary placements in State or local governments or in the private sector.

(2)In order to promote the professional development of career appointees and to assist them in achieving their maximum levels of proficiency, the Office shall, in a manner consistent with the needs of the Government provide appropriate informational services and otherwise encourage career appointees to take advantage of any opportunities relating to—

(A)sabbaticals;

(B)training; or

(C)details or other temporary assignments in other agencies, State or local governments, or the private sector.

Pub. L. 112–239, div. A, title XVI, § 1633(a),Jan. 2, 2013, 126 Stat. 2076, provided that: “Programs established for the development of senior executives under section
3396(a) of title
5, United States Code, shall include training with respect to Federal procurement requirements, including contracting requirements under the Small Business Act (15 U.S.C. 631 et seq.).”